Is the decree on whistleblowing applicable to ENAV?
Yes, in continuity with the previous legislation, ENAV falls within the scope of Legislative Decree 24/2023 implementing Directive (EU) 2019/1937 on Whistleblowing.

Is there an authority that guarantees the correctness of whistleblowing systems?
ANAC (National Anti-Corruption Authority) can be activated by the whistleblower when the company has not activated the internal reporting channel (even if mandatory) or has reasons to believe that an act of retaliation may derive from the report or the violation may constitute an imminent danger to the public interest. In the event of an ascertained violation, ANAC informs the national labor inspectorate and imposes the sanctions envisaged (up to EUR 50,000).

Who can report a violation?
All employees, partners, self-employed workers, freelancers, consultants, volunteers, trainees, administrators and shareholders.

Which cases can be reported by the whistleblower?
Any behaviour, act or omission against the public interest or against the integrity of the public administration or private company. The provisions of the Whistleblowing Decree do not apply to disputes, claims or requests related to a personal interest of the reporting person which relate exclusively to their individual employment relationships even with hierarchically superior subjects.

Who can be the subject of a report?
Anyone (both individuals and legal entities).
 

Should trade unions be involved?
Yes, in the phase of activation of the reporting channels. However, this is a joint examination phase which does not require the achievement of a trade union agreement.

Which channels should be used to report?
Internal reporting channels set up by the company and managed by a specific, autonomous function with trained staff. The preferred channel is the IT one as it guarantees maximum confidentiality and effectiveness of the report. Additional channels are also available, such as a dedicated telephone line, certified and/or traditional mail address, etc.

How should the report be submitted?
The report may be submitted either orally or in writing. The report is always followed by an acknowledgement of receipt within seven days and a reply within 90 days from the person in charge of managing the report.

What protections are provided for the whistleblower?

• the identity of the whistleblower and any other information from which it can be deduced, directly or indirectly, cannot be disclosed without his agreement;
• any retaliation against the whistleblower is to be considered void;
• the list of Third Sector entities that provide whistleblowers with support measures such as: free information, assistance and advice is established within the National Anti-Corruption Authority;
•  limitations of liability are envisaged in the event of the disclosure of information covered by an obligation of secrecy, for the protection of copyright or the protection of personal data.

Are anonymous reports allowed?
The ENAV Group admits both named reports and anonymous reports, and the IT platform allows for both reporting methods. Clearly, the protections are applicable only to whistleblowers who have disclosed their personal details which would in any case remain reserved and confidential.

When does the decree become effective?
For ENAV Legislative Decree 24/2023 becomes effective on 15 July 2023.